HomeMy WebLinkAbout018 - 07/16/1954 - LICENSING AND REGULATING THE MANUFACTURE AND SALE OF FERMENTED MALT BEVERAGES WITHIN THE CITY LIMITS � t
ORDINANCE NO 18 , 1954
BEING AN EMERGENCY ORDINANCE LICENSING AND REGULATING THE MANUFACTURE AND
SALE OF FERMENTED MALT BEVERAGES WITHIN THE CITY LIMITS OF THE CITY OF FORT
COLLINS, COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 On and after the effective date of this Ordinance, it
shall be lawful to manufacture and sell fermented malt beverages containing not
more than 3.2% alcohol by weight, subject to the provisions contained in this
Ordinance
Section 2 DEFINITION OF TERMS.
(a) As used in this Ordinance the term "PERSON" shall mean
and include a natural person, persons, co-partnerships, corporations and
associations of persons, and shall include the agent, manager or employee of
any of the aforesaid
(b) The word t1RESTAURANT" means an establishment provided with
adequate space and accomodations where in consideration of payment meals are
furnished and where the principal business is the preparation and serving of
such meals, and where nothing is sold except meals, food, drinks and tobaccos,
and where no other business is conducted in connection therewith, except that
a hotel business may be conducted in connection with a restaurant
(c) The term "HOTEL" as used in this Ordinance shall mean an
establishment engaged in furnishing living quarters for transient persons,
and having not less than fifty sleeping rooms and operating a dining room or
restaurant in connection therewith
(d) The word "CLUB" means a corporation which has been incor-
porated for not less then five years and which has had a membership that has
paid dues for a period of at least five years and which for five years has been
the owner, lessee or occupant of an establishment operated solely for the objects
of a national, social, fraternal, patriotic, political or athletic nature and not
for pecuniary gain and the property as well as the advantages of which belong
to all the members
(e) "ORIGINAL PACKAGE11 as used herein shall mean the bottle or
sealed container in which the fermented malt beverage is placed at the place of
the manufacturer
(f) The term "FERMENTED MALT BEVERAGES" as used in this Ordinance
shall be construed to mean any beverages obtained by the fermentation of any
infusion or decoction of Barley, malt, hops or any solar product or any com-
bination thereof in water containing not more than 3 2% alcohol by weight.
Section 3 (a) The fermented malt beverages as defined in this
Ordinance shall be manufactured, imported and sold only by the persons and
parties licensed as in this Ordinance provided Provided, however, that such
beverages shall not be sold to any person under the age of eighteen years and
shall not be sold to any person between the hours of 12 00 o'clock midnight and
6 00 o'clock A M or on Sunday or on the day of any General Election or Special
Election or Municipal Election until after the polls have closed on said election
days, or on Thanksgiving day, or on the 25th day of December, commonly called
Christmas Day Further, no person shall sell, serve, give away, dispose of,
exchange or deliver, or permit the sale, serving, giving or procuring of any
fermented malt beverages, as defined by Section 2 (f) to or for any person under
the age of eighteen years, or to a visibly intoxicated person, or to a known
habitual drunkard
(b) No person under eighteen years of age shall obtain, or attempt
to obtain, fermented malt beverages by misrepresentation of age, or by any other
method in any place where fermented malt beverages are sold.
(c) It shall be unlawful for any person to serve or consume
fermented malt beverage on any street, alley, avenue, or park within the
jurisdiction of the City, including the Fort Collins Waterworks Park, or on the
premises of any place of public resort not licensed under this Ordinance.
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(d) No parent or guardian shall knowingly or under conditions
which an average parent or guardian should have knowledge of, suffer or permit
any person under eighteen years of age of whom he or she may be parent or
guardian, to violate the provisions of subsections (a), (b), or (c) of this
section
Section 4. Every licensee of a place where fermented malt beverages
are sold shall display at all times in a prominent place a printed card with a
minimum height of fourteen (14) inches, and width of eleven (11) inches with
each letter to be of a minimum of one--1^alf (1) inch in height which shall read
as follows
WARNING
IT IS ILLEGAL TO SELL 3 2 BEER TO ANY PERSON UNDER EIGHTEEN
(18) YEARS OF AGE, OR FOR ANY PERSON UNDER EIGHTEEN (18)
YEARS OF AGE TO POSSESS OR TO ATTEMPT TO PURCHASE THE SAME
IT IS ILLEGAL IF YOU ARE OVER EIGHTEEN (18) YEARS OF AGE
FOR YOU TO PURCHASE 3.2 BEER FOR A PERSON UNDER EIGHTEEN
(18) YEARS OF AGE
FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR
VIOLATION OF THESE PROVISIONS
Any retailer licensed under this Ordinance must place a sign, in
letters not smaller than ten (10) inches each, on the outside of each establish-
ment containing the following words, "ONLY 3 2% BEER SOLD HERE "
No licensee hereunder shall sell fermented malt beverages at retail
except in the location specifically designated in the license, and it shall be
unlawful to solicit sales in person at retail except at such place
Section 5 LICENSE REQUIRED No person shall sell, keep or offer
for sale any non-intoxicating malt liquor within the City of Fort Collins without
first having received a license therefor from the City of Fort Collins as herein-
after provided
Such licenses shall be of two kinds, one where fermented malt beverage
sold may be consumed on the premises, known as A Class license, and the other
where the fermented malt beverage sold may not be consumed on the premises, known
as B Class license
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A Class licenses shall be granted only to restaurants, dining rooms,
hotels or clubs, as such places are herein defined,
B Class licenses shall be granted to permit the sale at retail and
wholesale of such fermented malt beverage in the original packages for removal
and consumption off the premises only
Section b APPLICATIONS FOR LICENSES All applications for licenses
to sell non—intoxicating malt liquor shall be made on forms to be supplied by
the City, setting forth the name, age and residence of the applicant, his
citizenship, and how long he has been a resident of the City of Fort Collins
The place for which a license is desired, and the name of the owner of the
premises The business in connection with which the proposed licensee will
operate, applicant's ownership of or interest in said business, by whom it will
be managed, the date of the issuance of the license to applicant by the United
States, and the date of the issuance of the license to applicant by the State of
Colorado
Licensee shall be a citizen of the United States and a resident of the
City of Fort Collins, Colorado, and if a corporation must be incorporated under
the laws of the State of Colorado or duly qualified to do business in the State
of Colorado
Licensee shall be of good character and reputation and shall never
have been convicted of a felony or crime in any Court of the United States or
any court of record of any state or territory in the United States, and if the
licensee is an association, organization or corporation, then the officers ,
directors and the stockholders and members of such association, organization or
corporation owning more than 10% interest therein shall be of good character and
reputation and shall have never been so convicted
Each application must be verified by the affidavit of the applicant,
made before a notary public or other person duly authorized by law to administer
oaths, and the applicant shall swear that each and every statement therein con—
tained is true of his own knowledge
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Section 7 All applications for licenses shall be accompanied by
a deposit with the City Clerk for the required annual license fee, and upon
the rejection of any application for license, the amount so paid shall be re—
funded. The annual fee for an A license shall be $25 00 and the annual fee for
a B license shall be $25 00, provided that if the applicant desires both a Class
A license and a Class B license, that the annual fee for said licenses issued
jointly shall be $25.00 All licenses shall be good for a period of one year
from and after the issuance thereof, unless the same shall be revoked as herein—
after set forth.
Section 8 GRANTING OF LICENSES The City Council may cause an investi—
gation to be made of all the facts set forth in application, before passing upon
such application After such investigation the City Council shall grant or refuse
any such application in its sound discretion, but shall not act arbitrarily but
only upon good cause shown No license shall be granted to any person under
twenty—one years of age.
All licenses granted and issued under the provisions of this Ordinance
shall specify the date of issuance, the character and kind of license, the date
of its expiration, the name of the licensee and the place where the license is to
be exercised
Section 9 CONDITIONS OF LICENSES All licenses granted hereunder
shall be granted subject to the terms and conditions of this Ordinance and to all
other Ordinances of the
,, said City of Fort Collins applicable thereto now existing
or that may hereafter €a adopted
No license shall be granted to any applicant unless such applicant has
existing licenses as provided by the laws of the State of Colorado
Section 10 BONDS No license shall be issued except upon the applicant
filing with the City Clerk a surety bond, with sureties approved by the City Council.,
in the penal sum of FIVE HUNDRED DOLLARS ($500 00), which bond shall be conditioned
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upon the faithful observance by the licensee of all the terms and provisions
of this Ordinance and the payment of any fine and costs imposed thereunder.
Section 11 REVOCATIONS Any license granted hereunder may be
suspended immediately for cause by the City Council upon notice to the licensee,
and may be revoked after a hearing held by said City Council on notice to the
licensee and opportunity to be heard Any violation of any provision or con—
dition of this Ordinance or of any applicable statutes and/or regulations or any
falsification of any statement in the application shall be ground for revocation
No portion of the license fee paid to said City shall be returned upon the
revocation or suspension of any license
Section 12 Nothing in this Ordinance shall apply to any dining car
attached to a railway train, when properly licensed under the laws of Colorado
Section 13 All premises where any license hereunder is granted shall be
open to inspection by any police or health officer at any time during which the
place so licensed is open to the public for business.
Section 14 CLUBS No club shall sell fermented malt beverage except
to members and to guests in the company of club members
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Section 15 It shall be unlawful for any manufacturer, wholesaler
and/or any person or persons, partnership, association, organization or corporation
interested financially in or with any of the above described licenses to be interested
financially, directly or indirectly, in the business of any retail licensee licensed
under the provisions of this Ordinance, or for any retail licensee hereunder to be
interested financially, directly or indirectly, in the business of any manufacturer,
wholesaler, or any person or persons, partnership, association, organization, or
corporation interested in or with any of the said manufacturers or wholesalers
licensed hereunder
It shall be unlawful for any of the persons or parties hereinabove
described and referred to in the first paragraph of this section to furnish,
supply or loan, in any manner, directly or indirectly, to any retail licensee
licensed under the provisions of the Ordinance, any financial assistance, or any
equipment, fixtures, chattels, or furnishings used in the storing, handling,
serving or dispensing of food or fermented malt beverages within the premises,
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or for making any structural alterations or improvements in or on the building on
which such premises are located, provided that this section shall not apply to
exterior signs or displays within such premises
It shall be unlawful for any retail licensee licensed under the pro—
visions of this Ordinance to receive and obtain from the persons or parties described
and referred to in the first paragraph of this section, directly or indirectly, any
financial assistance, or any equipment, chattels, or furnishings used in the storing,
handling, serving, or dispensing of food or fermented malt beverages within the
premises, or from asking for any structural alterations or improvements in or on
the building on which such premises are located, provided that this section shall
not apply to exterior signs or displays within such premises, or to advertising
materials which are intended primarily to advertise the product of the wholesaler
or manufacturer and which have only negligible value in themselves, or to the
inspection and servicing of malt beverage dispensing equipment to the extent
necessary for the maintenance of reasonable standards of purity, cleanliness, and
health
It shall be unlawful for any person or corporation holding any license
under the provisions of this Ordinance, or any person who is a stockholder of any
corporation holding a license under the provisions of this Ordinance, to be a
stockholder, or to be interested, directly or indirectly, in any banking, loaning,
or financing company, or any company of any kind whatsoever which company shall
make or own, or be interested, directly or indirectly, in any loan to any licensee.,
under the provisions of this Ordinance, or for any person or corporation licensed
under the provisions of this Ordinance, to make any loan, or to be interested,
directly or indirectly, in any loan to any other licensee, under the provisions of
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this Ordinance,
It shall be unlawful for any owner, part owner, shareholder, stockholder,
or person interested, directly or indirectly, in any retail business or establish—
ment of a retail licensee licensed under the provisions of this Ordinance to enter
into any agreement with any person or persons and/or parties, to receive, possess
or accept any money, fixtures, supplies, or things of value from any person or
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persons and/or party or parties, whomsoever, or whatsoever, whereby a retail
licensee licensed under this Ordinance may be influenced or caused directly or
indirectly to buy, sell, dispense or handle the product of any manufacturer of
fermented malt beverages, as defined in this Ordinance, provided that this section
shall not apply to displays within such premises.
The purpose and intent of the provisions of this section is to prohibit
and prevent the control of the retail outlets for the sale of fermented malt
beverages defined in this Ordinance by any person or persons and/or parties other
than the retail licensee licensed under the provisions of this Ordinance It
shall be unlawful for any person licensed under the provisions of this Ordinance
to permit any fermented malt beverages to be sold or dispensed by any person
under the age of 18 years or to permit any such persons to participate in the
sale or dispensing thereof
Section 16 It shall be unlawful for any licensee licensed under the
provisions of this Ordinance to give away fermented malt beverages defined under
this Ordinance for the purpose of influencing the sale of any particular kind,
make or brand of any malt beverage and to furnish or supply any commodity or
article at less than its market price for said purpose, except advertising material
and signs
Section 17 It shall be unlawful for any manufacturer or wholesaler
to sell, deliver, or cause to be delivered to any retail licensee licensed hereunder
any beverage containing alcohol in excess of 3 2% by weight, or for any retailer
licensed hereunder to sell, possess or permit the consumption on the premises
licensed hereunder any of the said beverages containing alcohol in excess of 3 2%
by weight, or for any retail licensee hereunder to hold or operate under any
license for the sale of any beverages containing alcohol in excess of 3.2% by
weight for the same premises licensed hereunder, any violation by any licensee
hereunder of the provision of this section shall immediately cause the forfeiture
of the bond herein provided and the cancellation of the license granted hereunder
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Section 16 It shall be unlawful for any place of public resort
not having a license under this Ordinance to permit any fermented malt beverage
to be publicly served or consumed on its premises
Section 19 No licensee, or manager, agent or employee of any licensee,
shall serve fermented malt beverages except in the portions of its licensed premises
which are open to the public of both sexes and readily accessable for inspection
at all tunes by police officers, and no such beverage shall be served in any screened,
curtained or enclosed booth, nor in any public pool hall or billiard room
Section 20 It shall be the duty of all police officers to enforce
the provisions of this Ordinance and the rules and regulations made thereunder,
and to arrest and complain against any person violating any of the provisions of
this Ordinance or rules and regulations pertaining thereto It shall be the duty
of the City Attorney to prosecute all violations of this Ordinance in the manner
and form as is now provided by law for the prosecution of violations of Ordinances
and it shall be a violation of this Ordinance for any such person or persons,
knowingly, to fail to perform any of his duties under this section
Section 21 Any person or persons and parties found guilty of violating
any of the provisions of this Ordinance or any amendments or additions thereto
shall be punished by a fine of not more than $300 00 for each offense, or may
w
be punished by confinement in the City ,jail for a term of not more than 90 days,
and upon such conviction any license granted and issued under the provisions of
this Ordinance to such person so convicted may be revoked and no such license
shall thereafter be granted or issued to said person or party so convicted and
all bonds executed under the provisions of this Ordinance shall be forfeited on
said conviction of said person or party It shall be the duty of the City Attorney
to prosecute all violations of this Ordinance and every police or peace officer
shall make complaint of any violation of or offense under this Ordinance coming
to his knowledge
Section 22 Ordinance No 3, 1933, Ordinance No 4, 1937, Ordinance
No 4, 1942, Ordinance No 3, 1945, and all other former Ordinances pertaining
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to the licensing and regulating of the manufacture and sale of fermented malt
beverages are hereby repealed, and all ordinances or parts of ordinances in con-
flict with or inconsistent with this Ordinance are hereby repealed, except that
this repeal shall not effect or prevent the prosecution or punishment of any
person for any act done or committed in violation of any Ordinance hereby repealed
prior to the taking effect of this Ordinance
Section 23. SEPARABILITY If any part of this Ordinance or the
application thereof to any person or circumstances is adjudged invalid by a court
of competent jurisdiction, such judgment shall not affect or impair the validity
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of the remainder of such Ordinance or the application thereof to other persons
and circumstances
Section 24 In the opinion of the City Council an emergency exists for
the preservation of the public health, peace and safety, and this Ordinance shall
take effect upon its passage, under and by virtue of the authority contained
in Section 6 and 7 of Article IV of the City Charter
Introduced, read at length and adopted by the unanimious vote of all
members of the City Council, at a regular meeting held this 16 thday of July ,
1954
Commissioner of Safety be-0£fi o Mayor
ATTEST
City Clerk
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STATE OF COLORADO )
) ss
COUNTY OF LARIMr� )
I, MILES F HOUSE, City Clerk of the City of Fort Collins,
do hereby certify and declare that the aforesaid Ordinance, consisting
of twenty—four sections, was duly proposed and read at length at a regular
meeting of the City Council, held on the 16th day of July, A D 1954, and
was duly adopted and ordered published in the Fort Collins Coloradoan, a
daily newspaper and official newspaper of the City of Fort Collins, by the
unan-imous vote of all members of the City Council, as an Emergency Ordinance,
in accordance with the provisions of Sections 6 and 7 of Article IV of the
City Charter, and thereafter and on, to—wit the 20 th day of July, A D
1954, said Ordinance No. 18 was duly published in the City of Fort Collins,
Colorado
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said City, this 20th day of July, A D 1954.
Ci"k Clerk
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